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How does a permanent U.S. resident differ from a citizen?

If I get my green card through EB-5 and get status as permanent resident, is it possible to also become a citizen after that through the program? What are the differences between a citizen and a permanent resident?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    A lawful permanent resident is eligible to apply for U.S citizenship after 5 years of obtaining lawful resident status. A U.S citizen may vote in elections, obtain a U.S passport, cannot be deported, and is free to leave the country for any amount of time. Lawful permanent residents may not vote in elections, obtain a U.S passport, leave the country for any amount of time desired and he/she is subject to deportation.

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    Ed Beshara

    Immigration Attorney
    Answered on

    There are several ways to obtain permanent residency. One way is to obtain permanent residency through the EB-5 investment program. Once you have been a permanent residency for five years you can then apply for U.S. Naturalization and receive your U.S. Citizenship. One of the primary benefits of U.S. citizenship is that you can vote in U.S. elections.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Once you get a permanent greencard you can apply for naturalization. The primary differences are that you cannot get deported as a citizen and you can vote. Additionally, once a citizen you can go reside anywhere in the world without worrying about maintaining residence.

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    Ying Lu

    Immigration Attorney
    Answered on

    In most cases, a person who wants to naturalize must first be a permanent resident. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. If you obtained your conditional green card under the EB-5 program, you can apply for your citizenship 5 years after you obtain this green card.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Once you apply for your EB-5 and it is granted, you will receive a conditional green card for two years. Ninety days before the expiration of your conditional residence you will have to file an application to remove the condition on your residence. When the application is approved, you will receive a permanent green card valid for 10 years, which you can renew every 10 years. After 5 years of you having permanent residency, the two years of conditional residency count, you will be eligible to file for citizenship. The differences between being a citizen and a permanent resident is that you will be able to vote, your cannot lose it, and you do not have to reside in the U.S. to name a few. If you have any other questions, please do not hesitate to contact me.

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    Lei Jiang

    Immigration Attorney
    Answered on

    As a citizen of U.S. you have more privileges. Voting right is a notable one. Also, there is no restriction on time you must live in U.S.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    U.S. Permanent residents may apply for naturalization if they meet the requirements of physical presence, continuous residence, good moral character, literacy, attachment to (agreement with) the principles in the U.S. Constitution and knowledge of U.S. civics and history. This is true for permanent residents who obtained green cards in the EB-5 category (and the other categories as well). Generally, the shortest amount of time this can be accomplished is five years. U.S. citizens can vote, receive a U.S. passport, serve on juries and a few other benefits, including those related to petitioning for certain immediate relatives. There is no requirement that a U.S. permanent resident must become a U.S. citizen, but many choose to do so as soon as they are eligible.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Once you get your conditional green card, it is issued for 2 years. Within 90 days before the expiration of your 2-year conditional green card, you must apply to remove conditions in order to obtain a permanent green card. If you do not do so, your conditional permanent resident status ends automatically and you become subject to removal from the U.S. Once you obtain your permanent green card, you may apply for U.S. citizenship in 4 years and 9 months from the date your original conditional green card was granted. Being a U.S. citizen is the ultimate benefit you may obtain in the U.S .and it allows you to vote, hold a US passport, and have protections as a U.S. citizen.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can apply for citizenship 4 years and 9 months after obtaining the Conditional Resident Card. There are many differences between LPR and citizenship that we should discuss.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    Yes, when you successfully satisfy all requirements for the EB5 program and obtain a 10-year Legal Permanent Residency (LPR), you can apply for citizenship when eligible (most of the time when your total Legal Permanent Residency (LPR) reaches a 5-year mark). There are other requirements that you would need to satisfy in order to become a US citizen but those are identical to all other Legal Permanent Residents applying for citizenship. The difference between LPR and US citizen is that as a US citizen you can 1) Vote in elections 2) Take some public offices and jobs not available to non-citizens 3) live outside the US for long periods of time without losing citizenship and/or residency 4) Cannot be deported 5) Have ability and/or priority to apply for visas for qualified family members 6) If qualified, can pass US citizenship onto children. But with these great benefits come great responsibilities as well.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    A foreign national may become a U.S. citizen after the individual has been a legal permanent resident in the U.S. for 5 years (or 3 years if married to a U.S. Citizen). U.S. legal permanent residents have many of the same rights, privileges and obligations of a U.S. citizens. One of the primary ones they do not have is the right to vote in U.S. elections. In addition, legal permanent residence may also be abandoned and it may be revoked for certain criminal actions and convictions. There are a host of other differences, but if the question is should you pursue one over the other, the answer is that you may not become a U.S. citizen without first having the status of legal permanent resident.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    After obtaining permanent resident status through the EB-5 investor visa program, you may apply for U.S. citizenship within 90 days prior to the fifth anniversary of the date you were granted permanent resident status.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Permanent residency allows you to permanently reside in the U.S. with all the benefits, such as free public schooling for the children, but not vote. Any permanent resident who has had the green card for 5 years can qualify to become a citizen by filing an application for citizenship (N-400) after 5 years.

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    Diana Levy

    Immigration Attorney
    Answered on

    Residency entitles you to live and work in the U.S. on a permanent basis. A resident is eligible to apply for citizenship after 5 yrs of living in the U.S. as a resident. A U.S. citizen has the right to vote, hold government jobs and public office, etc. I hope this answers your question.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    A lawful permanent resident (LPR) is granted permanent status in the U.S. to reside, work, study, etc., in the U.S., as a resident; however, as an LPR, you can not vote in the U.S. and you are required to maintain residence in the U.S. or risk losing LPR status (i.e., if you travel more than 1 year abroad, presumed abandonment of LPR status, unless you file to preserve your residence). And yes, it is possible to become a U.S. Citizen after obtaining LPR status through the EB-5 processing.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Once you are a resident for five years you can be eligible to file for citizenship on your own assuming you meet all other requirements.

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    Christian Schmidt

    Immigration Attorney
    Answered on

    Approval of a visa petition based on EB-5 investment will allow you to apply for conditional permanent resident status which automatically expires after two years. Towards the end of the 2 year validity period, you must file a petition to remove the condition on your residence by showing that the investment created the required number of jobs in order to become a permanent resident. Conditional/Permanent Residence confers the right to live in the US and work for any employer but you may lose the status if you commit certain crimes or do not reside permanently in the U.S. You are also not allowed to vote. You can apply for citizenship after having been a conditional/permanent resident for at least 4 years and 9 months and having been present in the U.S. for a certain time. Once you are a citizen, you are allowed to vote and cannot be deported from the U.S. anymore.

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    Scott Clark

    Immigration Attorney
    Answered on

    Yes, you can become a citizen after five years of legal permanent resident (LPR) status no matter how you obtained it. LPRs enjoy all the rights of a citizen except the right to vote. Also, there may be tax implications for estates of deceased LPRs that do not exist for citizens, namely a higher estate tax rate. When an EB-5 petition is granted, the investor becomes a conditional legal permanent resident (cLPR) for two years. If the EB-5 investor successfully removes conditions on his/her cLPR status, then one can naturalize after five years of being a LPR, including the first two years of conditional residency.

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